EPA v. EXERGEN CORP

Case summary

EPA finalized a Consent Agreement and Final Order (CAFO) resolving civil administrative penalty claims against Exergen Corporation of Massachusetts for violations of FIFRA that included the sale or distribution of unregistered pesticide products from 2008 until 2010. The products in question included three models of temporal scanning thermometers treated with silver ion antimicrobial substances. In April 2012, EPA issued a Stop Sale, Use, and Removal Order to Exergen that was based on the same facts as the complaint. Under the settlement, Exergen did not admit liability for the violations, but agreed to pay a total civil penalty of $185,000. The CAFO requires Exergen to certify that it has fully addressed the violations and is now operating in compliance with FIFRA and its underlying regulations.

Defendants (1)

• EXERGEN CORPNamed in complaintNamed in settlement

Facilities (1)

• EXERGEN CORP

  400 PLEASANT STREET, WATERTOWN, MA, 02472

  Registry ID: 110042333873

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• EXERGEN CORPentered 2013-01-22

  Primary law: FIFRA

  Federal penalty: $185,000

Timeline (3 milestones)

• 2011-10-19Enforcement Action Data Entered
• 2012-09-25Complaint Filed/Proposed Order
• 2013-01-22Final Order Issued